2012/184/EU: Council Decision of 19 December 2011 on the signing, on behalf of the Union, and provisional application, of the Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation

1 The signing of the Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.

2 The text of the Agreement is attached to this Decision.

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

The Agreement shall be applied on a provisional basis, in accordance with Article 7(2) thereof, pending the completion of the procedures for its conclusion.

This Decision shall enter into force on the day of its adoption.

1 The Parties shall encourage, develop and facilitate cooperation activities between the Union and Algeria in fields of common interest where they are pursuing research and development activities in science and technology.

2 Cooperation activities shall be conducted on the basis of the following principles: (a) promotion of a knowledge-based society to foster the social and economic development of both Parties; (b) mutual benefit based on an overall balance of advantages; (c) reciprocal access to the activities of research programmes and technological developments undertaken by each Party; (d) timely exchange of information which may facilitate cooperative activities; (e) appropriate exchange and protection of intellectual property rights; (f) participation and funding in compliance with the relevant laws and regulations of the Parties.

1 Legal entities established in Algeria, as defined in Annex I, including either physical persons or private or public legal persons, shall participate in indirect cooperation activities of the Union’s Framework Programme for research and technological development and demonstration activities (hereinafter referred to as the ‘Framework Programme’), in accordance with the terms and conditions established by or referred to in Annexes I and II. Legal entities established in the Member States of the Union, as defined in Annex I, shall participate in Algeria’s research programmes and projects in thematic areas equivalent to those of the Framework programme under the same terms and conditions established by, or referred to in Annexes I and II.

2 Cooperation may also take the following forms: (a) regular discussions on the guidelines and priorities for research policies and planning in Algeria and the Union; (b) discussions on cooperation, developments and future prospects; (c) the timely provision of information concerning the implementation of programmes and research projects of Algeria and of the Union, and concerning the results of work undertaken within the framework of this Agreement; (d) joint meetings; (e) visits and exchanges of research workers, engineers and technicians, including for training purposes; (f) exchanges and sharing of equipment, materials and testing services; (g) contacts between programme or project managers of Algeria and the Union; (h) participation of experts in seminars, symposia and workshops; (i) exchanges of information on practices, laws, regulations, and programmes relevant to cooperation under this Agreement; (j) research and technological development training; (k) reciprocal access to scientific and technologic information in the framework of this cooperation; (l) any other means to be adopted by the European Union-Algeria Joint Scientific and Technological Cooperation Committee, as defined in Article 4, and deemed in conformity with the policies and procedures applicable in both Parties; (m) supporting the optimum exploitation of the results of research and development by innovating companies in order to promote the spread of new knowledge and innovation; (n) assisting the management of scientific research and supporting the setting up of an information system on research; (o) examining the possibility of cooperation in setting up incubators and nurseries and the start-up and creation of research centres, including by means of European programmes other than the Framework Programme; (p) promoting cooperation by means of research and development projects; (q) access to research infrastructures; (r) possibility of co-financing and coordinating research activities.

The Parties shall make every effort, within the framework of their applicable legislation, to facilitate the free movement and residence of research workers participating in the activities covered by this Agreement and to facilitate cross-border movement of goods intended for use in such activities.

1 The coordination and facilitation of activities under this Agreement shall be performed on behalf of Algeria, by the Ministry of Higher Education and Scientific Research and, on behalf of the Union, by the European Commission, acting as executive agents of the Parties (hereinafter referred to as ‘executive agents’).

2 The executive agents shall establish a joint committee called the ‘European Union-Algeria Joint Scientific and Technological Cooperation Committee’ (hereinafter ‘the Joint Committee’), whose functions shall include: (a) ensuring, evaluating and reviewing the implementation of this Agreement, as well as modifying its Annexes or adopting new ones to take account of developments in the Parties’ scientific policies, subject to the fulfilment by each of the Parties of its internal procedures for that purpose; (b) identifying, on an annual basis, potential sectors where cooperation should be developed and improved and examine any measure which could be taken to that end; (c) regularly examining the future orientations and priorities of research policies and research planning in Algeria and the Union and the prospects for future cooperation within the framework of this Agreement; (d) making recommendations to the Parties with regard to the implementation of this Agreement, including the identification and recommendation of additions to the activities referred to in Article 2(2) and specific measures to improve the mutual access provided for under Article 1(2); (e) making, subject to each Party’s domestic approval processes, technical amendments to this Agreement as may be required.

3 The Joint Committee, which shall be formed of representatives of the Executive Agents, shall adopt its rules of procedure.

4 The Joint Committee shall normally meet once a year, with the location of that meeting alternating between the Union and Algeria. Extraordinary meetings shall be held whenever necessary and agreed between the Parties. The conclusions and recommendations of the Joint Committee shall be sent for information to the Association Committee of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part.

The level of participation in research activities under this Agreement is set according to the conditions defined in Annex I and is subject to the legislation, regulations, policies and conditions of implementation of the programmes in force in the territory of each Party. When one Party grants financial support to participants of the other Party in connection with indirect cooperative activities, any grants and financial or other contributions made by the funding Party to participants of the other Party in support of those activities shall be granted tax and customs duty exemption in accordance with the relevant laws and regulations in force in the territory of each Party at the time such grants and financial or other contributions are made.

The dissemination and the use of the results and information obtained and/or exchanged and the management, allocation and exercise of intellectual property rights resulting from the research activities undertaken under this Agreement shall be subject to the conditions provided for in Annex II.

1 Annexes I and II shall form an integral part of this Agreement. Any questions or disputes relating to the interpretation or implementation of this Agreement shall be settled by mutual agreement of the Parties.

2 This Agreement shall enter into force once the Parties have notified each other of the completion of their internal procedures for its conclusion. Pending the completion of these procedures by the Parties, the Parties shall provisionally apply this Agreement upon its signature. Should a Party notify the other that it will not conclude the Agreement, the projects and activities commenced during the period of provisional application and which are still ongoing at the time of the aforementioned notification shall continue until their completion under the conditions laid down in this Agreement.

3 Either of the Parties may terminate this Agreement at any time by giving six months’ notice. Projects and activities in progress at the time of termination of the Agreement shall continue until their completion under the conditions laid down therein.

4 This Agreement shall remain in force after the initial period until such time as either Party gives notice in writing to the other Party of its intention to terminate it. In this event, the Agreement shall cease to have effect six months after the receipt of such notification.

5 If one of the Parties decides to modify its research programmes or projects referred to in Article 1(1), the executive agent of that Party shall notify the executive agent of the other Party of the precise content of the amendments in question. By way of derogation from paragraph 3 of this Article, this Agreement may be terminated under mutually agreed conditions should either of the Parties notify the other within one month after the adoption of the amendments referred to in this paragraph of its intention to terminate this Agreement.

6 This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union apply and under the conditions laid down in these Treaties, and, on the other hand, to the territory of the People’s Democratic Republic of Algeria. This shall not prevent the conduct of cooperative activities on the high seas, in space, or the territory of third countries, in accordance with international law.